Monday, December 23, 2013

Police Point Gun, Order Man To The Ground For Legally Carrying His Gun

A Grand Rapids man is suing the city, the police department
and three officers, alleging his right
to openly carry a gun was violated when he was ordered to the ground at
gunpoint and his weapon was taken.

Johann Deffert claims in the federal lawsuit filed Friday
that around noon on March 3, he was walking along a public sidewalk openly
carrying a handgun in a holster at his hip. It is legal to openly carry a
firearm in Michigan.

GRPD Officer William Moe then approached Deffert, drew his
service pistol, pointed it at him and ordered him to the ground, the suit says.

Deffert did as he was told, lying on his stomach while Moe
took his gun and handcuffed him. Officers Timothy Johnston and Steven LaBreque
then arrived.

Deffert remained handcuffed in the back of police cruiser
for about 10 minutes, he said. He said he offered his identification to the
officers, but they wouldn't take it. Instead, they "debated public
policy" with Deffert for several minutes, the suit alleges.

After confirming through a state database that Deffert was
not a felon, was old enough to have a gun and was in an area where the gun was
allowed, the officers released him. He was never arrested, nor was he charged
with a crime.

The lawsuit says the incident constituted a violation of Deffert's
First, Second, Fourth and Fourteenth Amendment rights, which protect the right
to free speech and the right to bear arms, prevents unreasonable searches and
seizures, and ensures due process and equal protection, respectively.

The suit alleges the three officers "showed
intentional, outrageous, and reckless disregard for Plaintiff's constitutional
rights" and that Deffert "suffered physical and emotional injury,
loss of freedom, and loss of other constitutionally protected rights."

It says the officers caused Deffert undue fear when a gun
was pointed at him and pain when he was forced to the ground and handcuffed,
and that the incident left him humiliated.

It claims the officers never had any reason to believe he
had committed a crime or had any illegal intention. It also says one reason
Deffert was carrying the gun was to raise awareness about Michigan's open carry
law.

The suit claims the city failed to properly train the
officers on Michigan gun laws, which caused the incident.

Deffert is suing for a $100,000 judgment and another
$500,000 for punitive damages, as well as attorney fees.